Yeti Coolers, LLC v. Home Depot U.S.A., Inc. et al
Plaintiff: Yeti Coolers, LLC
Defendant: Home Depot U.S.A., Inc, Home Depot U.S.A., Inc. and Takeya USA Corporation
Case Number: 1:2017cv00342
Filed: April 12, 2017
Court: US District Court for the Western District of Texas
Office: Austin Office
Presiding Judge: Robert Pitman
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 25, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2018 Filing 69 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (lt)
August 16, 2018 Opinion or Order Filing 68 ORDER DISMISSING CASE. Signed by Judge Robert Pitman. (dl)
July 30, 2018 Filing 67 STIPULATION of Dismissal as to Home Depot with Prejudice by Yeti Coolers, LLC. (Berghammer, Joseph)
June 25, 2018 Opinion or Order Text Order MOOTING #54 Sealed Motion in light of Dkt. #65 . Entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
June 18, 2018 Opinion or Order Filing 66 ORDER re #65 Stipulation of Dismissal filed by Yeti Coolers, LLC. Plaintiffs claims against Takeya are dismissed with prejudice. Takeya USA Corporation terminated. Attorney Eugene Stratton Horres, Jr and Valeri C. Williams terminated.Signed by Judge Robert Pitman. (dl)
June 15, 2018 Filing 65 STIPULATION of Dismissal with prejudice as to Takeya USA Corporation by Yeti Coolers, LLC. (van Es, J.)
May 10, 2018 Filing 64 Sealed Document filed per Order granting #63 Motion for Leave to file Sealed document. (dl)
May 10, 2018 Opinion or Order Text Order GRANTING #63 Motion for Leave to File Sealed Document entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ck)
May 8, 2018 Filing 63 Motion for leave to File Sealed Document (Attachments: #1 Sealed Document, #2 Sealed Document, #3 Sealed Document, #4 Sealed Document, #5 Sealed Document, #6 Sealed Document, #7 Sealed Document, #8 Sealed Document, #9 Sealed Document, #10 Sealed Document, #11 Sealed Document, #12 Sealed Document, #13 Sealed Document) (Williams, Valeri)
May 7, 2018 Notice of Correction: re #62 Motion for leave to File Sealed Document, #61 Motion for leave to File Sealed Document. Documents were incorrectly filed as MOTION for Leave to File Under Seal. Documents attached were instead a Brief in Support of Motion and an Appendix in Support of Brief. Document text has been modified, motion events have been terminated and document relationships have been linked. If the party wishes to for these documents to be sealed, please file a MOTION and PROPOSED ORDER to seal documents. (dl)
May 7, 2018 Filing 62 Motion for leave to File Sealed Document (Attachments: #1 Exhibit 3, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 25, #9 Exhibit 26) (Williams, Valeri)
May 7, 2018 Filing 61 Motion for leave to File Sealed Document (Williams, Valeri)
April 30, 2018 Filing 60 Response in Opposition to Motion, filed by Yeti Coolers, LLC, re #54 Sealed Motion filed filed by Defendant Takeya USA Corporation to Compel (Attachments: #1 Declaration of Sean Jungels, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Proposed Order)(Jungels, Sean)
April 28, 2018 Opinion or Order Filing 59 ORDER GRANTING #55 Motion to Appear Pro Hac Vice for Janice V. Mitrius. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dl)
April 25, 2018 Filing 58 NOTICE of Proof of Service of Subpoena upon Christopher Carroll by Takeya USA Corporation (Williams, Valeri)
April 24, 2018 MOTION REFERRED: referred #54 Sealed Motion filed. Referral Judge: Andrew W. Austin. (dl)
April 24, 2018 Filing 57 NOTICE of Attorney Appearance by Eric J. Hamp on behalf of Yeti Coolers, LLC. Attorney Eric J. Hamp added to party Yeti Coolers, LLC(pty:pla) (Hamp, Eric)
April 24, 2018 Filing 56 NOTICE of Attorney Appearance by Timothy J. Rechtien on behalf of Yeti Coolers, LLC. Attorney Timothy J. Rechtien added to party Yeti Coolers, LLC(pty:pla) (Rechtien, Timothy)
April 24, 2018 Filing 55 MOTION to Appear Pro Hac Vice by Joseph J. Berghammer on behalf of Janice V. Mitrius ( Filing fee $ 100 receipt number 0542-10717556) by on behalf of Yeti Coolers, LLC. (Attachments: #1 Proposed Order)(Berghammer, Joseph)
April 24, 2018 Opinion or Order Text Order GRANTING #53 Motion for Leave to File Sealed Document entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
April 24, 2018 Opinion or Order Text Order REFERRING #54 Sealed Motion entered by Judge Robert Pitman. The motion is referred to United States Magistrate Judge Andrew W. Austin for disposition pursuant to 28 U.S.C. 636(b)(1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
April 23, 2018 Filing 54 Sealed Defendant Takeya USA Corporation's Emergency Motion to Compel Documents and Deposition Dates from Plaintiff filed. (dl) Modified on 4/24/2018 to create motion event. (klw).
April 23, 2018 Filing 53 Motion for leave to File Sealed Document (Attachments: #1 Proposed Order Proposed Order for Motion for Leave, #2 Sealed Document Ex A - Protective Order, #3 Sealed Document Ex B - Emergency Motion to Compel, #4 Sealed Document Ex C - Appendix Supporting Emergency Motion to Compel, #5 Sealed Document Exhibit 1, #6 Sealed Document Exhibit 2, #7 Sealed Document Exhibit 3, #8 Sealed Document Exhibit 4, #9 Sealed Document Exhibit 5, #10 Sealed Document Exhibit 6, #11 Sealed Document Exhibit 7, #12 Sealed Document Exhibit 8, #13 Sealed Document Exhibit 9, #14 Sealed Document Exhibit 10, #15 Sealed Document Exhibit 11, #16 Sealed Document Exhibit 12, #17 Sealed Document Exhibit 13, #18 Sealed Document Exhibit 14, #19 Sealed Document Exhibit 15, #20 Sealed Document Exhibit 16, #21 Sealed Document Exhibit 17, #22 Sealed Document Exhibit 18) (Williams, Valeri)
April 2, 2018 Filing 52 NOTICE of Vacation Letter by Takeya USA Corporation (Williams, Valeri)
March 26, 2018 Filing 51 Defendant Takeya USA Corporation's ANSWER to #1 Complaint by Takeya USA Corporation.(Williams, Valeri)
March 12, 2018 Opinion or Order Filing 50 ORDER DENYING #11 Motion to Dismiss for Failure to State a Claim; GRANTING #14 Motion Motion to Take Judicial Notice. Signed by Judge Robert Pitman. (dl)
February 21, 2018 Opinion or Order Filing 49 ORDER GRANTING #48 Motion to Extend Scheduling Order Deadlines Amended Pleadings due by 4/13/2018, Discovery due by 7/13/2018, Joinder of Parties due by 4/13/2018, Motions due by 10/4/2018, and Trial beginning 2/11/2019. Signed by Judge Robert Pitman. (dl)
February 19, 2018 Opinion or Order Text Order GRANTING #47 Motion to Appear Pro Hac Vice by atty Melissa A. Reinckens entered by Judge Robert Pitman.. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)
February 15, 2018 Filing 48 Joint MOTION to Extend Scheduling Order Deadlines by Yeti Coolers, LLC. (Attachments: #1 Proposed Order)(Jungels, Sean)
February 12, 2018 Filing 47 MOTION to Appear Pro Hac Vice by John Michael Guaragna for Melissa A. Reinckens ( Filing fee $ 100 receipt number 0542-10458217) by on behalf of Home Depot U.S.A., Inc.. (Attachments: #1 Proposed Order)(Guaragna, John)
January 8, 2018 Opinion or Order Filing 46 ORDER DENYING Defendant Home Depot's #27 Motion to Stay. Signed by Judge Robert Pitman. (klw)
January 2, 2018 Opinion or Order Filing 45 CONFIDENTIALITY and PROTECTIVE ORDER. Signed by Judge Robert Pitman. (klw)
December 29, 2017 Filing 44 Joint MOTION for Protective Order (Agreed) by Yeti Coolers, LLC. (Attachments: #1 Proposed Order - Exhibit 1)(Jungels, Sean)
July 21, 2017 Filing 43 REPLY to Response to Motion, filed by Home Depot U.S.A., Inc., re #27 MOTION to Stay filed by Defendant Home Depot U.S.A., Inc. (Attachments: #1 Exhibit A)(Guaragna, John)
July 14, 2017 Filing 42 Response in Opposition to Motion, filed by Yeti Coolers, LLC, re #27 MOTION to Stay filed by Defendant Home Depot U.S.A., Inc. (Attachments: #1 Exhibit A - Hamp Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(van Es, J.)
July 13, 2017 Filing 41 NON-CONSENT to Trial by US Magistrate Judge by Takeya USA Corporation. (Williams, Valeri)
July 13, 2017 Filing 40 NON-CONSENT to Trial by US Magistrate Judge by Yeti Coolers, LLC. (Jungels, Sean)
July 13, 2017 Filing 39 NON-CONSENT to Trial by US Magistrate Judge by Home Depot U.S.A., Inc.. (Guaragna, John)
July 12, 2017 Opinion or Order Filing 38 SCHEDULING ORDER: Consent to Trial by Magistrate due by 7/13/2017, Jury Trial set for 2/11/2019 09:00 AM before Judge Robert Pitman, Amended Pleadings due by 2/16/2018, Discovery due by 5/17/2018, Joinder of Parties due by 2/16/2018, Dispositive Motions due by 9/6/2018. Signed by Judge Robert Pitman. (ml)
July 12, 2017 Filing 37 Minute Entry for proceedings held before Judge Robert Pitman: Initial Pretrial Conference held on 7/12/2017 (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(ml)
July 11, 2017 Opinion or Order Filing 36 ORDER GRANTING #32 Motion for Tamar Duvdevani to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (ml)
July 6, 2017 Filing 35 ADR Report Filed - (Joint) by Yeti Coolers, LLC(Jungels, Sean)
July 6, 2017 Filing 34 RULE 7 DISCLOSURE STATEMENT filed by Home Depot U.S.A., Inc.. (Guaragna, John)
July 6, 2017 Filing 33 ANSWER to #1 Complaint with Jury Demand by Home Depot U.S.A., Inc..(Guaragna, John)
July 6, 2017 Filing 32 MOTION to Appear Pro Hac Vice by John Michael Guaragna on behalf of Tamar Duvdevani ( Filing fee $ 100 receipt number 0542-9755239) by on behalf of Home Depot U.S.A., Inc.. (Attachments: #1 Proposed Order)(Guaragna, John)
July 5, 2017 Opinion or Order Filing 31 ORDER (Initial Pretrial Conference set for 7/12/2017 at 10:00 AM before Judge Robert Pitman). Signed by Judge Robert Pitman. (jf)
July 5, 2017 Opinion or Order Text Order GRANTING #29 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. The deadline for YETI to respond to Home Depots Motion to Stay is hereby extended by one week to July 14, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
July 3, 2017 Filing 30 ATTACHMENT Proposed Order to #27 MOTION to Stay by Home Depot U.S.A., Inc.. (Guaragna, John)
July 3, 2017 Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Stay by Yeti Coolers, LLC. (Attachments: #1 Proposed Order)(van Es, J.)
June 30, 2017 Filing 28 Memorandum in Support, filed by Home Depot U.S.A., Inc., re #27 MOTION to Stay filed by Defendant Home Depot U.S.A., Inc. (Attachments: #1 Declaration of Lance Allen in Support, #2 Declaration of Tamar Duvdevani in Support, #3 Exhibit A to the Declaration of Tamar Duvdevani)(Guaragna, John)
June 30, 2017 Filing 27 MOTION to Stay by Home Depot U.S.A., Inc.. (Guaragna, John)
June 30, 2017 Notice of Correction: Please file a proposed order re #27 MOTION to Stay . (jf)
June 29, 2017 Filing 26 NOTICE of Attorney Appearance by Sean J. Jungels on behalf of Yeti Coolers, LLC. Attorney Sean J. Jungels added to party Yeti Coolers, LLC(pty:pla) (Jungels, Sean)
June 29, 2017 Opinion or Order Text Order GRANTING #22 Motion for Extension of Time to Answer entered by Judge Robert Pitman. Home Depots deadline to answer, move, or otherwise respond to Plaintiffs Complaint (Dkt. 1) is extended until July 6, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
June 29, 2017 Reset Deadlines: Home Depot U.S.A., Inc. answer due 7/6/2017. (jf)
June 28, 2017 Filing 25 Proposed Scheduling Order (Joint) by Yeti Coolers, LLC. (Attachments: #1 Exhibit A - Proposed Scheduling Order, #2 Exhibit B - Proposed Schedule in Table Format)(Webb, Victoria)
June 28, 2017 Filing 24 STATUS REPORT Joint Rule 26(f) Report and Discovery Plan by Yeti Coolers, LLC. (Webb, Victoria)
June 15, 2017 Filing 23 RESPONSE in Support, filed by Takeya USA Corporation, re #11 Motion to Dismiss for Failure to State a Claim (Rule 12(B)(6) Motion To Dismiss) filed by Defendant Takeya USA Corporation (Williams, Valeri)
June 14, 2017 Filing 22 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Home Depot U.S.A., Inc.. (Attachments: #1 Proposed Order)(Guaragna, John)
June 8, 2017 Filing 21 Response in Opposition to Motion, filed by Yeti Coolers, LLC, re #11 Motion to Dismiss for Failure to State a Claim (Rule 12(B)(6) Motion To Dismiss) filed by Defendant Takeya USA Corporation (Attachments: #1 Proposed Order, #2 Declaration of Eric J. Hamp, #3 Exhibit 1, #4 Exhibit 2)(van Es, J.)
June 8, 2017 Filing 20 REPLY to Response to Motion, filed by Takeya USA Corporation, re #14 MOTION (Motion to Take Judicial Notice) filed by Defendant Takeya USA Corporation (Williams, Valeri)
June 1, 2017 Filing 19 RESPONSE to Motion, filed by Yeti Coolers, LLC, re #14 MOTION (Motion to Take Judicial Notice) filed by Defendant Takeya USA Corporation (Attachments: #1 Proposed Order)(van Es, J.)
May 30, 2017 Filing 18 NOTICE of Attorney Appearance by Joseph R. Knight on behalf of Yeti Coolers, LLC. Attorney Joseph R. Knight added to party Yeti Coolers, LLC(pty:pla) (Knight, Joseph)
May 25, 2017 Filing 17 ATTACHMENT (Order Granting Defendant Takeya USA Corporation's Motion to Dismiss with Prejudice) to #11 Motion to Dismiss for Failure to State a Claim (Rule 12(B)(6) Motion To Dismiss) by Takeya USA Corporation. (Williams, Valeri) (Main Document 17 replaced on 5/26/2017) (jf).
May 25, 2017 Filing 16 ATTACHMENT (Order Granting Defendant Takeya USA Corporation's Motion to Take Judicial Notice) to #14 MOTION (Motion to Take Judicial Notice) by Takeya USA Corporation. (Williams, Valeri) (Main Document 16 replaced on 5/26/2017) (jf).
May 25, 2017 Filing 15 AMENDED Memorandum in Support, filed by Takeya USA Corporation, re #12 Memorandum in Support of Motion, #13 Appendix, #11 Motion to Dismiss for Failure to State a Claim (Rule 12(B)(6) Motion To Dismiss) (Williams, Valeri) Modified on 5/26/2017 (jf).
May 25, 2017 Filing 14 MOTION (Motion to Take Judicial Notice) by Takeya USA Corporation. (Williams, Valeri)
May 25, 2017 Filing 13 APPENDIX to #12 Memorandum in Support of Motion by Takeya USA Corporation. (Attachments: #1 Exhibit 1 (APP 1 - APP 17), #2 Exhibit 2 (APP 18 - APP 35))(Williams, Valeri)
May 25, 2017 Filing 12 Memorandum in Support, filed by Takeya USA Corporation, re #11 Motion to Dismiss for Failure to State a Claim (Rule 12(B)(6) Motion To Dismiss) filed by Defendant Takeya USA Corporation (Williams, Valeri)
May 25, 2017 Filing 11 Motion to Dismiss for Failure to State a Claim (Rule 12(B)(6) Motion To Dismiss) by Takeya USA Corporation. (Williams, Valeri)
May 25, 2017 Notice of Correction: Proposed Order is Required re #14 MOTION (Motion to Take Judicial Notice). (jf)
May 23, 2017 Opinion or Order Text Order GRANTING #10 Motion for Extension of Time to Answer entered by Judge Robert Pitman. Defendant's answer or otherwise responsive pleading is due on or before June 15, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
May 23, 2017 Reset Deadline: Home Depot U.S.A., Inc. answer due 6/15/2017. (jf)
May 22, 2017 Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Home Depot U.S.A., Inc.. (Attachments: #1 Proposed Order)(Guaragna, John)
May 4, 2017 Filing 9 NOTICE of Attorney Appearance by Victoria R. M. Webb on behalf of Yeti Coolers, LLC. Attorney Victoria R. M. Webb added to party Yeti Coolers, LLC(pty:pla) (Webb, Victoria)
May 4, 2017 Reset Deadlines: Home Depot U.S.A., Inc. answer due 5/25/2017. (jf)
May 4, 2017 Opinion or Order Text Order GRANTING #8 Motion for Extension of Time to Answer entered by Judge Robert Pitman. Defendant's Answer or otherwise responsive filing is due on or before May 25, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
May 3, 2017 Filing 8 Unopposed MOTION for Extension of Time to File Answer by Home Depot U.S.A., Inc.. (Attachments: #1 Proposed Order)(Guaragna, John)
May 3, 2017 Opinion or Order Text Order GRANTING #7 Motion for Extension of Time to Answer entered by Judge Robert Pitman. Defendant's Answer or otherwise responsive filing is due on or before May 25, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
May 3, 2017 Reset Deadlines: Takeya USA Corporation answer due 5/25/2017. (jf)
May 2, 2017 Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (to Respond to Plaintiff's Complaint) by Takeya USA Corporation. (Attachments: #1 Proposed Order)(Williams, Valeri)
May 2, 2017 Filing 6 SUMMONS Returned Executed by Yeti Coolers, LLC. Home Depot U.S.A., Inc. served on 4/13/2017, answer due 5/4/2017. (van Es, J.)
April 13, 2017 Filing 5 Summons Issued as to Home Depot U.S.A., Inc., Takeya USA Corporation. (afd)
April 13, 2017 Filing 4 Report on Patent/Trademark sent to U.S. Patent and Trademark Office with copy of Complaint. (afd)
April 12, 2017 Case Assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd)
April 12, 2017 DEMAND for Trial by Jury by Yeti Coolers, LLC. (afd)
April 12, 2017 Filing 3 RULE 7 DISCLOSURE STATEMENT filed by Yeti Coolers, LLC. (van Es, J.)
April 12, 2017 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Yeti Coolers, LLC. (van Es, J.)
April 12, 2017 Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-9490793), filed by Yeti Coolers, LLC. (Attachments: #1 Civil Cover Sheet)(van Es, J.)

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Defendant: Home Depot U.S.A., Inc
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Defendant: Home Depot U.S.A., Inc.
Represented By: John Michael Guaragna
Represented By: Melissa A. Reinckens
Represented By: Tamar Duvdevani
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Defendant: Takeya USA Corporation
Represented By: Valeri C. Williams
Represented By: Eugene Stratton Horres, Jr.
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Plaintiff: Yeti Coolers, LLC
Represented By: Eric J. Hamp
Represented By: Janice V. Mitrius
Represented By: Joseph J. Berghammer
Represented By: Sean J. Jungels
Represented By: Timothy J. Rechtien
Represented By: Victoria R. M. Webb
Represented By: Joseph R. Knight
Represented By: J. Pieter van Es
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